Pravin Ram Pawar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3760 OF 2016 (Jothmal Bhagchand Naik And Others Vs. The State Of Maharashtra And Others) WITH WP/3773/2016 WITH WP/3774/2016 WITH WP/3775/2016 WITH WP/3776/2016 WITH WP/3779/2016 WITH WP/3780/2016 WITH WRIT PETITION NO. 11167 OF 2016 (Namdeo Joytiram Khillare And Others Vs. The State of Maharashtra and others) WITH WRIT PETITION NO. 11669 OF 2016 (Vasant Gopalrao Machale And Others Vs. The State of Maharashtra and others) WITH WRIT PETITION NO.309 OF 2017 (Ashok Chokha Dehade Vs. The State of Maharashtra and others) WITH WRIT PETITION NO. 344 OF 2017 WITH WRIT PETITION NO.4893 OF 2014 WITH WRIT PETITION NO.6157 OF 2016 WITH WRIT PETITION NO.6153 OF 2016 WITH WRIT PETITION NO.6150 OF 2016 ---- Mr. Ajay D. Pawar, Advocate for the Petitioners in all the writ petitions Mr. B.S.Badakh, A.G.P. for the respondent/State in all the writ petitions ---- CORAM :

S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 30th MARCH, 2017 PER COURT :

Heard.

2.

Learned A.G.P. accepts notice for Respondents.

wp3760-2016+group 3.

Mr.Pawar, learned counsel submits that the issue in the present petitions is covered by the order of this Court in various Writ Petitions such as W.P.No.446/2015 decided on 15.6.2015. The learned A.G.P. on going through the said order and the present petitions, affirms that the petitioners are similarly situated. 4.

In light of the above, we pass the following order :

(i) We declare that the benefit of ACPS, which is applicable to the employees of Group 'C' and 'D' nonteaching staff of the aided Private Schools in the State under the Government Resolution dated 30th April, 1998 as modified from time to time shall be available to the non-teaching staff of the same category in the private aided Ashram Schools;

(ii) The appropriate Authority appointed by the State Government shall examine the individual cases of the members of the petitioners for deciding whether they satisfy the criteria laid down for availability of the benefit of ACPS to the private aided Government Schools

wp3760-2016+group under the Government Resolution dated 30th April, 1998 as modified from time to time;

(iii) We make it clear that the petitioners' member will be entitled to the benefit of the said scheme, provided they satisfy the eligibility criteria which is prescribed for the corresponding non-teaching staff of the private aided Schools;

(iv) We grant time of six months to the respondents to scrutinize the cases of the members of the petitioner and to consider whether they are eligible for the benefit of ACPS;

(v) To those petitioners who are found eligible, the benefit shall be extended, as expeditiously as possible;

(vi) The writ petitions are disposed of on above terms. No costs.

[SANGITRAO S. PATIL] [S.V. GANGAPURWALA] JUDGE JUDGE npj/wp3760-2016+group